Judge refuses to oust prosecutors in the Debra Milke's case

A judge has refused to disqualify the Maricopa County Attorney’s Office from the case of an Arizona woman whose conviction in the killing of her 4-year-old son was overturned because the same office years ago didn’t disclose prior misconduct by a police detective.

In a ruling signed Monday and released Tuesday, Judge Rosa Mroz of Maricopa County Superior Court rejected the disqualification request by Debra Milke’s lawyers.

Milke attorney Michael Kimerer said his client doesn’t plan an appeal. That leaves Milke, now 49, headed toward a Sept. 30 retrial in the death more than two decades ago of her son, Christopher.

Her attorneys argued County Attorney Bill Montgomery’s Office pursued the case because the office was biased, for political and other reasons. The office denied the allegation.